CIVIL AVIATION ACT 1988
CIVIL AVIATION SAFETY REGULATIONS 1998
ISSUE OF AIRWORTHINESS DIRECTIVE
Under section 98 of the Civil Aviation Act 1988, the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) may issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. Subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 provides that an AD is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. Therefore, in accordance with section 6 of the Legislative Instruments Act 2003, an AD is a legislative instrument.
Under Annex 8 to the Convention on International Civil Aviation, the State of Design has overall responsibility for continuing airworthiness of an aircraft type, and must provide any information necessary to ensure the continuing airworthiness of a type to appropriate States of Registry. ADs (and their equivalents) are the most common form of continuing airworthiness information, and are issued by most ICAO Contracting States.
The State of Registry of an individual aircraft is responsible for its continuing airworthiness. Under Annex 8, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
CASA and its predecessors issued AD/ECUREUIL/30 Amdt 2 specifying inspection of AS350 helicopters. AD/ECUREUIL/30 is intended to match AD 86-57-44 (B), paragraph C, issued for the AS350 in France, the State of Design of the AS350. Paragraphs A and B are covered by AD/ECUREUIL/10. CASA has reviewed AD/ECUREUIL/30 Amdt 2 and has decided to amend it to more closely match
AD 86-57-44 (B), paragraph C. The amendment, AD/ECUREUIL/30 Amdt 3, will become effective on 30 July 2009. This AD cancels and replaces the previous issue.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes and Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. Under this Act, the Governor-General has the authority to make regulations that serve the interests of air navigation safety, including the issuance of airworthiness directives (ADs) through the Civil Aviation Safety Regulations 1998. The Civil Aviation Safety Authority (CASA) is responsible for issuing these ADs for specific types of aircraft or aeronautical products to ensure the continuing airworthiness of aircraft registered in Australia. These directives are legislative instruments and must align with international standards set forth by the Convention on International Civil Aviation, particularly concerning the responsibilities of the State of Design and the State of Registry for aircraft airworthiness. The process of issuing these directives is governed by Australia's obligations under international conventions and does not require public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 govern the issuance of airworthiness directives (ADs) in Australia, which are regulatory instruments designed to ensure the ongoing airworthiness of aircraft. Under these provisions, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific types of aircraft or aeronautical products, aligning with the requirements set forth in Annex 8 to the Convention on International Civil Aviation. This legislation applies to all aircraft registered in Australia and to entities involved in the design, manufacture, and maintenance of such aircraft, ensuring that they meet continuing airworthiness standards. The ADs are applicable nationally, reflecting Australia's commitment to international aviation safety standards. Although these ADs are legislative instruments, they do not require public consultation or a Regulatory Impact Statement due to their nature and the international obligations underpinning their issuance. The authority to issue these directives extends to CASA, which acts as Australia's national airworthiness authority, tasked with ensuring compliance with both domestic and international airworthiness standards.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework within which airworthiness directives (ADs) are issued. Specifically, under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) specifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, thus categorising it as a legislative instrument under section 6 of the Legislative Instruments Act 2003.
In terms of obligations, the State of Design, which is responsible for the continuing airworthiness of an aircraft type, must provide necessary information to ensure the airworthiness of that type to the States of Registry, including Australia. When the State of Design issues an AD, CASA must assess the information and, if appropriate, issue an Australian AD to mandate the requirements. For instance, CASA has reviewed and amended AD/ECUREUIL/30 Amdt 2 to align more closely with AD 86-57-44 (B), paragraph C, which was issued for the AS350 in France, the State of Design of the AS350. This amendment, AD/ECUREUIL/30 Amdt 3, is set to become effective on 30 July 2009, replacing the previous directive.
The ADs are issued pursuant to Australia's obligations under the Convention on International Civil Aviation and in response to directives issued by the relevant State of Design. Therefore, no consultation with the Australian public is required for these ADs, and the Office of Best Practice Regulation has determined that they do not necessitate a Regulatory Impact Statement. The Manager, Airframes and Structures in the Airworthiness Engineering Group at CASA has issued this AD on behalf of CASA, in accordance with subsection 84A(2) of the Act.
In terms of consequences, while the Civil Aviation Safety Regulations 1998 do not explicitly detail the offences, penalties, or consequences for breaches of ADs, non-compliance with an AD can lead to severe civil and criminal penalties. Under the Civil Aviation Act 1988, failure to comply with an AD can result in fines and imprisonment, as it is considered a serious offence that can compromise the safety of air navigation. Additionally, operators may face penalties for operating an aircraft that does not comply with ADs, which can include fines, suspension of the aircraft's airworthiness certificate, or other enforcement actions by CASA.